RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00968
            INDEX CODE:  107.00

            COUNSEL:  Donald Tyne, VA

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His record be changed to reflect award of the Purple Heart Medal (PHM)
and the Combat Infantry Badge (CIB).

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APPLICANT CONTENDS THAT:

While serving at Phu Cat Air Base in Vietnam,  he  injured  his  knees
after jumping from a moving vehicle that had come under fire.  He  was
treated at the regional hospital in Phu Cat.   He  continues  to  have
problems with his knees and had a knee replacement approximately  four
years ago.  He  also  suffers  from  Post  Traumatic  Stress  Disorder
(PTSD).

In support of his appeal, the applicant has provided copies of his  DD
Forms 214, Report of Transfer or Discharge, and an Air Force Form 422,
Physical Profile Report.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 March 1969.  He  was
progressively promoted to the grade of staff sergeant with a  date  of
rank (DOR) of 1 February 1974.  He served for 7 years, 1 month, and 21
days that included a tour in Vietnam.  He was awarded  the  Air  Force
Longevity Service Award (AFLSA), the  Air  Force  Good  Conduct  Medal
(AFGCM), the National Defense  Service  Medal  (NDSM)  the  Air  Force
Commendation Medal (AFCM), the Vietnam Service Medal  (VSM),  and  the
Republic of Vietnam  Commendation  Medal  (RVCM).   He  was  honorably
discharged on 3 May 1976.

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AIR FORCE EVALUATION:

After a thorough review of his military personnel  record,  AFPC/DPPPR
was unable  to  verify  his  entitlement  to  the  PHM  and  therefore
recommends denial of his request for award of the PHM.  However, DPPPR
did verify his entitlement to the Presidential  Unit  Citation  (PUC),
the Air Force Outstanding Unit Award with Valor (AFOUA w/V),  the  VSM
with 4 bronze service stars (VSM w/4 BSS), and the Republic of Vietnam
Gallantry Cross with Palm (RVNGC w/P).  DPPPR has directed his  record
be changed to reflect award of the above awards and decorations.

DPPPR’s complete evaluation, with attachments, is at Exhibit B.

AFPC/DPSO addresses the applicant’s request  for  award  of  the  CIB.
DPSO states the Army CIB may  be  awarded  to  a  soldier  who  is  an
infantryman satisfactorily performing  infantry  duties  who  must  be
assigned to an infantry unit engaged in active ground combat and  must
actively participate in such ground combat.  Campaign or battle credit
alone is not sufficient for award of the CIB.  DPSO notes his faithful
service but recommends denial of the award of the CIB.

DPSO’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant contends the OPR addressed only one injury he received while
serving in Vietnam when he actually  experienced  two  injuries.   The
first injury was received on 8 May 1970  and  the  second  injury  was
received on 21 February 1971.  He asks that both injuries be  reviewed
in light of his request for award of the PHM.  He  states  no  special
order or citation was ever accomplished that awarded him the  PHM  and
that it is why he is requesting one now.  While the first injury  (May
1970) was documented in his  application,  the  February  1971  injury
occurred when his base came  under  enemy  rocket  fire.   As  he  was
running for cover, a rocket impacted near him and  the  concussion  of
the impact knocked him down and injured his ankle.   He  has  attached
medical records.

Applicant’s complete response is at Exhibit E.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt it’s rationale as the basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  As his records are unclear at best in regards  to
his knee injuries, we were unable to conclusively connect his  current
knee problems to his past service  in  Vietnam.   Further,  additional
criteria for award of the PH indicate that indirect injuries  received
while seeking shelter from mortar or rocket attacks do not qualify for
award of the PH.   Therefore,  in  the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in this application
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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-
2007-00968  in  Executive  Session  on  11  October  2007,  under  the
provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. B. J. White-Olson, Member
      Mr. Mark J. Novitski, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 March 2007, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 25 June 2007, w/atchs.
    Exhibit C.  Letter, AFPC/DPSO, dated 13 August 2007.
    Exhibit D.  Letter, SAF/MRBR, dated 31 August 2007.
    Exhibit E.  Letter, Applicant, dated 13 September 2007,
                w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair